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Illinois Public Media

The head of the American Civil Liberties Union of Indiana says the new Hoosier law that bars funds going to Planned Parenthood may actually lead to more unwanted pregnancies.

Ken Falk submitted the ACLU's final written arguments this week in its case to get $1.2 million in federal funding restored to its client, Planned Parenthood of Indiana.

"If everyone agrees that abortion is not a good thing, then doesn't it make sense to make it easy and to encourage women to get family planning services?" Falk said. "At some point, this is extremely counter-productive, that it is being done here to strip these thousands of woman of their provider of choice."

Falk is also trying to use Indiana's own legal opinions against itself. Prior to the law's passage this spring, Indiana lawmakers received word from the Indiana Legislative Services Agency that the legislation would violate federal guidelines. Federal policy allows eligible Medicaid participants to obtain medical services from providers of their choice.

The head of the federal government's Medicaid program sent a letter along those lines to Indiana's Family and Social Services Administration. The letter stated that Indiana's law is illegal and the state could face penalties if it did not restore Planned Parenthood's funding.

Some 22,000 low-income Hoosier women depend on Medicaid for general and family-planning care. They are affected by Indiana's new law, which bans Medicaid and other funding to any agency that performs abortions. The law also bars abortions after the 20th week of pregnancy.

Falk said the measure is misguided, because federal law already bans Medicaid money being spent on abortions. Planned Parenthood uses Medicaid money to provide family planning and other health services that are not related to abortion.

The Indiana Attorney General's office is defending the law before U.S. District Court Judge Tanya Walton Pratt, who presides in Indianapolis. The state of Indiana contends the court fight should be between the federal government and the state, and should not involve Planned Parenthood and the ACLU. Pratt is expected to rule on the ACLU's injunction request by July 1st.

Falk said if funding isn't restored soon, Planned Parenthood may lay off employees. So far, the organization has stayed afloat because private donors around the country have contributed more than $100,000.

Indiana Gov. Mich Daniels said he supports the law since most Hoosiers oppose abortion.